Ioana Delapeta, Marcel Boucher
Union des consommateurs
2014
Contracts concluded at a distance between merchant and consumers have been of great interest to international organizations (OECD, UN, etc.) and governments since the arrival of the Internet. The issue remains current, particularly because new purchasing methods are developing and proliferating (e.g. the variety of purchases made on mobile telephones). Union des consommateurs (UC) study examines the regulations adopted by Canadian provinces regarding distance contracts, and focuses on Internet contracts. We analyse those regulations in light of the Internet Sales Contract Harmonization Template, but also in reference to the new European Directive, 2011/83/EU, adopted to update the rules for these types of contracts, eliminate inconsistencies, and correct shortcomings in member countries. UC's research leads them to conclude that regulations of online trade (E-commerce) in Canada should be harmonized and, more importantly, modernized. In addition, the regulatory framework for distance contracts, which applies mainly to the merchants information requirements and to the consumers right to cancel the contract if those requirements are not met, should take into account the peculiarities of each medium. UC's case law research also reveals shortcomings in the implementation of the regulatory framework studied, along with the courts misunderstanding of E-commerce peculiarities. UC's study leads them to recommend a modernization and clarification of rules applicable to contracts concluded on the Internet. The adoption of measures similar to those favoured abroad should be considered as a priority, including the right of withdrawal.
Some of the information on this Web page has been provided by external sources. The Government of Canada is not responsible for the accuracy, reliability or currency of the information supplied by external sources. Users wishing to rely upon this information should consult directly with the source of the information. Content provided by external sources is not subject to official languages, privacy and accessibility requirements.
OCA Funded ResearchThis research received funding support through the Office of Consumer Affairs' Contributions Program.
Union des consommateurs 7000 Parc Ave, Suite 201 Montreal, QC H3N 1X1
Source: Consumer Policy Research Database